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It is a given that investigators, spouses and counsel cannot access someone’s email account without due process. But once the email has been delivered to an email container on a shared or community property computer, (i.e. a computer that both spouses share), a New Jersey domestic decision allows that it is now fair game for examination by others with reasonable access to the computer.
Social media profiles on MySpace or Facebook could be authenticated circumstantially by their content and context in the same manner as other forms of electronic communications.
The authentication of email messages presented in support of a summary judgement motion was at the core of this wrongful termination case. The court found that email messages may be authenticated as being from the suspected author based on the following factors:
The email address from which it was sent
An affidavit of the recipient.....
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